Section 9-U. ATM transactions by persons using foreign bank accounts

1.
  Subject to the requirements of section three  hundred  ninety-nine-y  of
  the  general  business law, as added by chapter four hundred ninety-five
  of the laws of nineteen hundred ninety-nine, an agreement to operate  or
  share  an  automated  teller  machine  shall  not  have  the  effect  of
  prohibiting, limiting or restricting the right of the operator or  owner
  of the automated teller machine to charge a customer who is conducting a
  transaction  using  an  account  from  a  financial  institution that is
  located outside the  United  States  an  access  fee  or  surcharge  not
  otherwise prohibited under state or federal law.
    2. Nothing in this section shall be construed to prohibit or otherwise
  limit the ability of an operator or owner of an automated teller machine
  to  voluntarily  enter  into  an  agreement regarding participation in a
  surcharge free network.